Delhi High Court
Varun Gupta vs Kanta Devi on 13 February, 2015
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 115/2014
Decided on : 13.02.2015
IN THE MATTER OF:
VARUN GUPTA ..... Plaintiff
wThrough: Mr. Dhanesh Relan, Advocate with
Mr. Arush Bhandari, Advocate
versus
KANTA DEVI ..... Defendant
Through: Mr. K.S. Bana, Advocate
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J.(Oral)
I.A. 3229/2015 (joint application under Order XXIII R 3 CPC)
1.
The present compromise application has been filed by the parties
stating inter alia that during the pendency of the suit proceedings, the
parties have arrived at an out of court settlement in respect of the suit
premises.
2. The plaintiff has filed the accompanying suit against the defendant
for seeking specific performance of an Agreement to Sell dated
18.04.2013, in respect of a flat situated in a Co-operative Society at
Dwarka, Delhi. Counsels for the parties state that during the pendency of
the present proceedings, the parties have executed a MOU dated
23.01.2015 and apart from the plaintiff and the defendant, Smt. Rekha
Pawar is also a signatory to the said MOU. It is submitted by the
counsels for the parties that the defendant had agreed to sell the suit
property to the plaintiff for a sum of `66 lacs and out of the said sale
consideration, a sum of `58 lacs (approx.) had already been paid by the
plaintiff to the defendant. It has now been agreed under the MOU that
Smt. Rekha Pawar will pay the balance sum of `8 lacs directly to the
defendant, who shall execute the Sale Deed in respect of the suit
premises in her favour and the plaintiff shall receive the amount paid by
him to the defendant, directly from Smt. Rekha Pawar.
3. Counsels for the parties state that the defendant has already
received a sum of `8 lacs from Smt. Rekha Pawar and the plaintiff has
also received the amount tendered by him as part sale consideration to
the defendant from the aforesaid buyer. It is submitted that only the
Sale Deed is left to be executed by the defendant in favour of Smt.
Rekha Pawar and it has been agreed between the parties that the
plaintiff shall be a witness to the said Sale Deed that shall be executed
within two weeks from today.
4. The Court has heard the counsels for the parties and perused the
present application. As counsels for the parties state that they have
arrived at an out of court settlement in terms of the MOU and the
plaintiff is not left with any right, title or interest in the suit premises,
having received the amount paid by him towards the sale consideration
of the suit premises from a third party in whose favour the defendant
has agreed to execute the Sale Deed of the suit premises, nothing
further survives for adjudication in the present suit. The thumb
impressions of the plaintiff and the defendant appear on each page of
the compromise application. Counsels for the parties state that the said
thumb impressions have been affixed by their clients in their presence.
The application has been signed by the counsel for the plaintiff and the
counsel for the defendant and it is supported by the affidavits of the
parties. The MOU dated 23.01.2015 duly signed by the parties and
Ms.Rekha Pawar has been enclosed with the present application.
5. As the counsels for the plaintiff and the defendant jointly state that
they have arrived at the aforesaid settlement of their own free will and
volition and without any undue influence or coercion from any quarters,
there appears no legal impediment in accepting the settlement. The
Settlement Agreement is taken on record and the parties before the
Court shall remain bound by the terms and conditions of the said
settlement.
6. The suit is decreed in terms of the settlement, while leaving the
parties to bear their own expenses.
(HIMA KOHLI)
FEBRUARY 13, 2015 JUDGE
rkb
